In yet another historic decision, the Supreme Court of Pakistan has decided that former Pakistan Prime Minister Nawaz Sharif, exiled by Gen. Musharaf, can return to Pakistan. According to The News:

The Supreme Court of Pakistan in a landmark verdict on constitutional petitions of Mian Nawaz Sharif and his brother Mian Shahbaz Sharif, Thursday announced that Sharif Brothers are Pakistanis and can return home and participate in the national politics. The seven-member larger bench of the apex court, led by Chief Justice Justice Iftikhar Muhammad Chaudhry, in a brief judgment said that under Article-15 of the constitution, the petitioners are citizens of Pakistan and therefore their petition is hearable. According to the Supreme Courtâ€™s decision, under Article 3 of the constitution no citizen of the country can be kept outside the country and cannot be stopped from his or her return to home.The document presented by the government on previous day has no constitutional position. Senior lawyer Fakhruddin G. Ibrahim appeared before the court in the case on behalf of Sharif Brothers. Attorney-General Malik Qayyum, Ahmed Raza Kasuri and Ibrahim Satti were the counsels of the federation. Reacting on the decision, Hamza Shahbaz, son of Nawaz Sharif, talking with Geo News said that the Supreme Courtâ€™s decision is the victory of Nawaz Sharifâ€™s eight-year stand. During these eight years, Sharif Brothers have spent very hard time. He said that this decision is not the victory of any individual but of Pakistan.
The Pakistan Muslim League (N) has welcomed the verdict announced by the larger bench of the Supreme Court. Leader of party Chaudhry Nisar Ali Khan said that a delegation of his party would soon go to London to determine the procedure of the Sharif Brothersâ€™ returning home. Immediate after the decision, people seemed very enthusiast outside the Supreme Court and thousands of PML (N) workers chanted slogans.

The Supreme Court of Pakistan has, once again, rendered a decision that has not just created a buzz but effectively changed the entire political landscape of Pakistan. The big news here is the potential return of Nawaz Sharif but the continuing big news is that the institutional reincarnation of the Supreme Court of Pakistan which has become which has effectively become what it was meant to be. The final arbiter of constitutional sheninigans by political forces.

This means that unless extraordinary measures are taken by the government, we could be set for a real political showdown in the next elections. What this does to PML(Q) – or for that matter to PML (N) as well as other parties – is to be seen. But heads will already be spinning about which karwatt this oont will eventually settle.

It is also interesting that while all the deal-talk went on between Benazir Bhutto and Pervaiz Musharraf, Nawaz Sharif’s political capital might actually have been expanding. Even if he had stuck to principal just because he could not do otherwise, there are many who have actually found his stand to be ‘principled’ and it is likely that between that and this decision, his political capital has in fact increased… at least in the short term. What remains to be seen is whether he and his party will be able to politically capitalize on this; and how.

128 Comments on “Supreme Court: Nawaz Sharif Can Return to Pakistan”

PatExpat says:

August 23rd, 2007 9:59 am

Rightly said

….but the continuing big news is that the institutional reincarnation of the Supreme Court of Pakistan which has become which has effectively become what it was meant to be. The final arbiter of constitutional sheninigans by political forces.

Israr says:

August 23rd, 2007 10:17 am

It is Landmark in th sense that the supreme court continues to show Independence, but who would come to rescue the Sharifs if the Guns ( military ) once again come to arrest them on charges now reinstated. I have not heard fro Aitzaaz Ahsan since the Reinstatment of the Chief Justice. Any one knows what the lawyers are thinking or planning. Can any one post as to what grounds this cartoon character Malik Qayyum and others were arguing ………. Legal . It is a shame that such basic fundamentals have to be explained by the SUPRME COURT , my 11 year daughter explains this rights better.May be the Attorney general of the country ought to explain ” is he the guardian of the government or the constitution”.

Rehan says:

August 23rd, 2007 10:19 am

Well my dear friends, for a long time now, many of you have been clamoring for the end of military dictatorship. This includes the leaders of the opposition parties. However, I have long felt that the removal of one military dictator will only cede ground to a civilian dictator; that is, without true democracy in our political parties, no good will come from Musharraf’s demise.

Indeed, today is a black day for Pakistan. Mr. Sharif (and one presumes Ms. Bhutto), one of the most corrupt politicians in modern history, will return to contest elections and will probably win. Who doubts their ineptitude and corruption will not result in more disaster?

We’ve made our bed, now let’s lay in it.

faraz says:

August 23rd, 2007 10:29 am

I agree with Rehan. Last time this Gunja was was going declaring himself “supreme mullah” of pakistan and it was upto senete to approve it.

I support SC but only time will tell that if SC is really asserting it or there is something else going on too(in addition). In past supreme court never stood by prime ministers of small provinces.

I never liked nawaz, a two time prime minister with a complex about how he looks…maybe he’ll get a tummy tuck next and star in lollywood movies opposite saima.

anyways, i hope what the SC did was uphold the constitution, and that these decisions are not some sort of a vendetta against musharaf, that would be sad.

and for musharaf, he’s been on the loosing side for too long now, but the good news for him is that his image is at rock bottom already.

faraz says:

August 23rd, 2007 11:18 am

Idependent citizen, Nawaz sharif was convicted in tax fraud also along with plane hijack drama. There were many other cases.

I remember a news report from Karmran khan, which disclosed that all our big politicians were paying taxes in ten of thousands instead millions including Nawaz Sahrif. His son-in law was involved in pressing bank presidents to get loans for “itefaq foundry”. Nawaz jailed journalist who oppsed him. We all know Nawaz fight with “jang group of publications”. So even a pro government newspaper like Jang was not spared by Nawaz. Infact Nawaz was trying to becaome another dictator Bhutto.

Problem is Pervaz like other millatry dictator is just interested in his own rule and he is strucking deals with all these corrupt politicians. Ideally all corrupt politicians should face punishments and we should get cleaner leadership. This should include generals as well.

I think the court has been hasty. The original document will not be produced before court now. Who were the guarantors and what they think of the breach by Nawaz Sharif, we’ll never know. How much trust will they place in him, were he to come to power again, we can only guess.

Musharraf is unlike any military dictator we have had. He is even softer in approach than Bhutto when he was dictator. Not since Ayub Khan has so much work been done on infrastructure in all parts of the country. Even if the political parties are able to remove him, he will soon be greatly missed by the people of Pakistan when the corrupt, inept, and vindictive ex-premiers come back. Term limits be damned, we beg them to ravage us again and again, just as long as they take turns.

MQ says:

August 23rd, 2007 11:42 am

I sent the following letter to Omar R Quraishi’s paper about a week ago, which he published after ascertaining my name and address. Here it is:

Sir,

General Musharraf has launched his re-election campaign with the Chaudhries in attendance.

We should count it as a great mercy that the prevailing interpretation of Islam in Pakistan does not allow making of human statues. If it did, the Chaudhries of Gujrat would have converted their sugar mills into factories churning out statues of General Musharraf, which would have adorned not only all the public places in Punjab but also the houses of most Q leaguers.

General Musharraf, regardless of what he claims or what the Chaudhries say in his support, is now like an expired drug, which has stayed on the shelf for too long. It has lost its efficacy and its further use may even be harmful. Marketing it under a new label would be illegal.

Aqil Sajjad says:

August 23rd, 2007 12:05 pm

Rehan and Faraz:
The problem is that Musharraf, while claiming to bring accountability and intra-party democracy has himself not done much on these fronts. So whether we like it or not, for now at least, we are stuck with the likes of BB and NS.
However, if you guys feel strongly about intra-party democracy and other reforms for improving the system and making it possible for other alternatives to emerge, then please consider supporting the following

Judiciary System should be independent and thats what we are watching these days.But why this Judiciary taking action now? why they were sleeping in past? it sounds like that CJ become personal rather than caring for judiciary system. But anyways whatever the reason behind this.. its good to see Politicans back home.. Though hopefully they will show good politics instead of become part of corrupted system & actually now media is playing vital role so its not easy for them to bluff people again.

Rehan says:

August 23rd, 2007 12:24 pm

May I ask a techical/legal question: Now that Mr. Sharif has been allowed to return, does he go straight to jail as he faces a lifetime sentence in prison for conspiracy to kidnap charges? Can someone explain?

faraz says:

August 23rd, 2007 12:25 pm

The supreme court has justly ruled that no government can revoke the right of a citizen to live in his own country. But, it is also important that the supreme court takes suomo moto action against Sharif brothers for physically attacking the judiciary when they were in power so that it may not happen again. Sharif brothers should also clear themselves of the corruption charges filed against them. They also need to follow a more democratic set-up in their own party.

What wa fault of Sajjad shah? Will Nawaz will not attack SC in future if he dont like cheif justice. In latest book by Gohor ayub he has written that Nawaz discuss with Gohor Ayub, “Gohor tells me the way we can put this Sajad shah behind bars”?

Aqil Sajjad says:

August 23rd, 2007 12:55 pm

The kidnapping/highjacking case is dead since the sentence was remited by the president. My understanding is that the president has the power to remit a sentence but not to reinstate it.

Fazeel says:

August 23rd, 2007 1:05 pm

Congrtulations to those who wants democracy in Pakistan even the corrupt democracy. Ch Iftakhar is just doing the namak halali to the sharif brothers because their party helped him in his reinstatement.
So congratulations to those who thinks the judiciory is independent.

Right now anybody has any beef with the government please go to Supreme Court because all the judges are irking to give decisions against the government.

okha_jatt says:

August 23rd, 2007 1:05 pm

To all the dissenters!

OK, Sharifs are criminals, looters or whatever but are not they Pakistani? If so then don’t they have the right to come back? That is a simple question. The answer is yes or no. You may be a looter or criminal and if you are, you should be tried for that but you cannot be banned to enter the country. Plain and simple.

Razi says:

August 23rd, 2007 1:07 pm

Victory for Democracy? perhaps…..Victory for the Nation?….certainly not. Politicians previously given the helm of the country (in some cases twice) have pillaged and plundered it beyond any limit leaving the masses to suffer. The poor are getting poorer, the rich and resourceful are getting richer. The solution lies in getting rid of everyone from the current herd of politicians, bureaucrats and military big wigs and get the new breed in.

Can someone please explain why these two crooks (Bhutto and Sharif) will be the main contenders. Isn’t there at least one populist maverick (no definitely not Imran Khan) who is bright and motivated to spearhead a genuine grassroots challenge? Why does Pakistan churn out the same old crooks?

I am not Pakistani but this site is awesome and I think Pakistani people deserve way better leadership.

Ali Zain says:

August 23rd, 2007 2:06 pm

“In yet another historic decision…”

Is it? Historic? Considering the 2004 ruling by the same court that Mr Shahbaz Sharif could not legally be kept out of Pakistan was still in effect. The interesting fact of 2004 ruling however was that the Supreme Court dismissed the petition on the grounds of its maintainability in the Supreme Court. It said that, it is the basic issue of unalienable rights of an individual and referred the case to the high court. So ‘historical decision’, I don

We as nation are corrupt, just try to find out any selfless leader in pakistan who truly wants agenda meant for progress of Pakistan,,, may be some one will find …. none… or may be one or two…

Jaasay log wasay hukmaran

It is proven by our religion too. Then why we people are crying?

Secondly who are in favour of present setup, can any body find Mr clean in present setup… may be one or two… otherwise maximum are corrupt /involved in cartels for personal benefits. We should not forget sugar crises, stock exchange scandal, wheat scandal etc….

For the people who claim CJ is acting prejudicely, i think they must justify their statement as he is not acting beyond constitution and regulations..otherwise he would have been simply dumped by media especially Lota media already on service of establishment.

So we should not cry because corrupt nation always have corrupt rulers…

Nawaz is by no means shareef. If he comes back, i think the gov would can reinstate the corruption cases against him and put him in jail again where he belongs along with Benazir, who is a traitor. (BTW, why was Zardari released?)
Right now our options are either fundamentalists who want to take us back to the stone age or corrupt leaders like Benazir and Nawaz. I’ll choose the lessor evil. My vote will be for Musharraf as i perceive him as a liberal middle and i support him at least because he is the president who has done most for the country out of all these crooks. The only problem i see in him is why he even deals with backstabbers like BB and MQM thugs just to stay in power. He should take the people in confidence and trust his guts.
As for Ganay, man, if i get my hands on him, i’ll rip his implant hair out.

Ch Shujaat was the interior miniter at that time who ordered the storming, he is the PML president today.

faraz says:

August 23rd, 2007 3:40 pm

Well one one hand Nawaz is less corrupt then BB but on other hand, he want to consolidate all power in PM office.

We need a democracy with check and balance. By removing check-and balance as Nawaz did last time, we will get absolute dictator; more then Zia, Ayub or Musharaf.

Rehan says:

August 23rd, 2007 3:41 pm

Kruman: thanks for your response. Was Mr. Sharif officially pardoned by the Executive? My understanding is that this was done on an unofficial platform, where Mr. Sharif was to remain outside the country for 10 years. If he is to return, does Mr. Musharraf need to maintain his end of the bargain?

I guess the main question is, was he officially pardoned?

Rehan says:

August 23rd, 2007 3:53 pm

More information on the other “deal:”

Charges
Nawaz Sharif’s government was deposed from office by General Pervez Musharraf, who later declared himself the Chief Executive of Pakistan, effective Prime Minister — as he did not dismiss the nation’s then President Muhammad Rafiq Tarar but became President later retiring Tarar forecefully. Sharif was convicted in absentia of hijacking and terrorism after he blocked Pervez Musharraf from landing his plane anywhere in Pakistan, in lieu of dismissing him from his COAS post. The Supreme Court of Pakistan under oath of PCO declared Musharraf

sidhas says:

August 23rd, 2007 4:02 pm

Sharif brothers should now be grateful and appreciate the independent judiciary. During their reign and with their approval, the Supreme Court was attacked by goons and the then honorable Chief Justice Syed Sajjad Ali Shah was sacked.

Only institution should be respected not personalities and we shall see if a lesson has been learned political leaders very soon. I am hoping for the best but expect that “kuttay ki dum so saal nulki mein rakhnay ke baad bhi tarhi ki tarhi rahti hai.”

Aqil Sajjad says:

August 23rd, 2007 4:04 pm

Rehan, NS was officially pardoned by Rafiq Tarrar. The govt is in no position to retract the pardon.

As for his disqualification, I think it’s going to play out in the coming weeks, but the govt will look very silly bringing back corruption charges against him while the cases against BB are dropped, not to mention the fact that Ch Shujat and co aren’t known for being cleaner than BB and NS.

The return of BB and NS is tragic for the country, but thanks to Mush and the intelligentsia, it’s inevitable now.

Mubarak to all my merai aziz humwatanau on this historic decision. Pakistan’s future is looking bright thanks to the Supreme Court and a new Pakistan is taking shape, BB, Nawaz and the others are not the answer to our problems but until we support other new voices we will have to suffer the same old tired politicians.

Those who moan about Nawaz, BB and others are right but what is the alternative, another Mush or like I prefer a government of national unity compromising of all political shades. An other pakistan can be achieved if we want it.

Feimanallah

Wasim

pindiwalla says:

August 23rd, 2007 5:39 pm

Will take Mush over the corrupt, treasonous slouches like BB and Nawaz any day -

But in the end my peoples will get government they deserve -

pindiwalla says:

August 23rd, 2007 5:44 pm

“Kruman says
Ch Shujaat was the interior miniter at that time who ordered the storming, he is the PML president today.”

Not sure what your point is Kruman – Are you saying that Nawaz as PM had nothing to do with it?

There is a case pending in the SC today regarding the storming – but our valiant Justices can’t seem to get courage to let this case see the light of the day…

Bhindigosht says:

August 23rd, 2007 6:33 pm

So much heartburn on ATP over this judgement!!!!
I am not a fan of the Sharifs because of their past sheninigans and the fact that chose to leave the country when the going got tough. Plus I think there is only one degree of separation between them and the MMA, but I am heartened by today’s judgement. The key is that today, law prevailed. Whether they should be our future leaders or not is for us to decide in the forthcoming elections.

Pindiwalla,
Better to ask Mush. Why did he spare NS in this case if there was proof that he ordered the storming?

For those worrying about who takes over, believe me they’ll have their hands full with an assertive judiciary. Honeymoon for the new government won’t last very long.

The people gave a unanimous verdict in favor of CJP. No politician is likely to get as much public support. CJP is #1 in Pakistan today and has the “mandate” to can kick any corrupt rulers ass. He has this massive “public mandate” because his lawyers ran the most successful public campaign since Pakistan movement. Has anyone ever waited 26 hours to listen to any politician? Not even Bhutto got this kind of support.

pindiwalla says:

August 23rd, 2007 7:30 pm

Kruman – CJ is not an elected official… People didn’t give any verdict – a bunch of CJ’s formers colleagues reinstated him … So let’s be clear CJ is not an elected official or has any kind of mandate. Let’s not forget that this is the same CJ who jumped on signing the PCO to welcome and legitimize the Mush govt. Wonder where his backbone was at that time and he didn’t resign like a few other colleagues of his did –

Again – my question is why isn’t the current CJ taking up the cases in front of the Supreme Court regarding the “storming”

Mush Zindabad!

crimson says:

August 23rd, 2007 7:52 pm

Agree with you pindiwalla – Can’t afford to let the corrupt, sleazoids like Benazir and Gunja enter our precious country. What makes Kruman and others on this blog think that these morons have rid themselves of their innate corruption? Fool me once -shame on you – fool me twice – shame on me! Kruman – how much more of plundering by Benazir and Gunju are you readiness to unleash on pakland?

Khurram says:

August 23rd, 2007 8:01 pm

“According to the Supreme Court

auk says:

August 23rd, 2007 10:13 pm

The political landscape of the country is totally changed from yesterday because of this decision. In order for an American imposed leadership to come into being now, Mush and BBs partnership is more a reality than before. Next few days will unravel this, as we will start seeing the desertions from Q league, and more parleys between bb and mush. However if Mush thinks that he can stay there for another term, he better think again, and start planning an exit strategy. Contrary to what his advisors (buffoons) may be saying, barring another ML, this Supreme Court isn’t letting him get reelected in Uniform or through the same assemblies. His only hope is a rigged election, the results of which will not be very pleasant. If he has any shred of patriotism left, he better leave the political process take its due course.
That brings me to the next point. There is one other institution that needs to be freed from the clutches of the rulers; Election Commission of Pakistan. It is the ECP which needs to give us the dates of the presidential and all other elections, and needs to have a formal process in place to commence the electioneering efforts by the candidates. However, in the absence of such an institution, we are left to the whims of the incumbent govt to decide when to have the elections, and how to conduct them. The process is far from transparent, and totally haphazard.

KAWA1 says:

August 23rd, 2007 10:32 pm

auk

You make a great point and I fully agree. I think election commission will become a target of the judiciary very soon. As long as the judiciary remains independent, we can be confident that we will live to see better days in Pakistan.

We as Pakistanis live in such dejection and hopelessness that at the very least all of us should rejoice these few moments of freedom and landslide decisions being given by the Supreme Court. This is a time to be excited, hopeful and looking to a better future!

Owais Mughal says:

August 23rd, 2007 10:32 pm

noting the cities and areas where celebration is being made today and where it is not shows a divided nation.

i have read lots of times “Shah se zyda shah ka wafadar”, Sher Afgan proved it once again by not accepting SC’s decision.

The interesting thing would be, when Sharif comes in power and Ifti keeps playing current role and not allowing him to do unfair exercises which he did in past, then I would see how much shareef or B.B respects judiciary.

It’s time to reopen case against altaf hussain as well for killing of Azeem Tariq,Khalid Bin Waleed and several Karachiites.

mozang bijjli says:

August 23rd, 2007 11:49 pm

BB,NAWAZ,IMRAN KHAN or mushy they are pictured equally tyranic and angelic by the participants here.
Mush may be good and he might have done a load of good to country but whoever it is my point is that people of pakistan should be given the right to choose their own government. martial dictator may have excellent performance but his route to power disqualify him for governing over people.
Let the people of pakistan choose their favorite in free fair elections, be it BB, nawaz, ch. ifftakhar or some one else. We may be wrong in electing a govt this time but an uniterrupted sifting of leaders will not keep us from a good democratic effective govt of the people, by the people, and for people for long.
Excuse me, this is our turn. let us choose and mush + ch. ifftakhar are welcome to contest too provided they shed their uniform and public office.

KAWA1 says:

August 23rd, 2007 11:54 pm

PatExpat says:
August 23rd, 2007 10:40 am

When Musharraf decides to share the bed with Benazir by dropping off all cases of corruption, you guys become silent.

When justice prevails and rights of a citizen are restored, you start harping the tune of slaves that Musharraf is our savior.
___________________________________________

PatExpat: This is what I call the “spin doctrine”. Some examples of writers on this blog;
“I am against Army rule, but what choice do we have….”
“I for one am pro-democracy but alas, we can’t accept BB or Nawaz”
“I am against what MQM did on May 12th but am confused if they really had a part in it….”
“I don’t support Altaf but he is a popular leader and has the support of masses so who am I to say anything…..”
“I am for free judiciary but …….”
and so on…..

Rejoice the day offer nafal that finally the judiciary is free.. Tomorrow will be a better day and hopefully the politicians understand also that times have changed and follow rules…

KAWA1 says:

August 24th, 2007 12:44 am

Adnan Siddiqi

I agree, the time has come to reopen cases against Altaf Hussain for killing of Azeem Tariq,Khalid Bin Waleed and several Karachiites including the murders that were committed on his behest on May 12th.

The protection cover he got from Musharraf for last 8 years is almost over and that is why our brother Imran Farooq is so upset when he sees Musharraf fading from power.. They understand very well what the future holds for them without Mush!

Whether it be BB or Nawaz, one thing is sure that no one will get blackmailed by MQM anymore. May 12th exposed this party to every person may it be women, children or adults of Pakistan. You need to see the U.S Homeland security website and see what they write about this party… It is therefore not possible for Altaf Bhai to cry wolf anymore…

Pindiwalla,
No ones is sayng that the CJ is an elected official. All I was saying is that he is the most popular elected or non-elected person in Pakistan since the Quaid! That is a fact,whether you like it or not.

I met a PPP MPA who has been a PPP member for the last 30 years. The day after May 5th rally from ISB to Lahore that took 26 hours, this PPP MPA said that CJP is the greatest leader since the Quaid. She said that BB can go to hell, for us workers the country comes first and then the party.

I only brought this up (CJP’s popularity) because people don’t see the changed dynamics in Pakistan, with the most powerful CJP ever running the SC. Hence any new civilian leadership will have “judicial oversight”. The latter is not the right word, but I can’t think of a better word right now.

Crimson,
I am not fixated on individuals and personalities. I am more interested in seeing stong, vibrant civil institutions in the country.

Pakistan civil society has changed since March 9th. The people will not tolerate another corrupt tyrant.

“Pakistan has simply outgrown the era of military and civilian dictatorships.”
Tanveer Ahmad Khan.

PatExpat says:

August 24th, 2007 1:27 am

I don’t know why all the self proclaimed moderates and liberals are crying over the judgement and reading too much into it. The simple judgement is that “No citizen can be not allowed to return to his country”. What if the decision had been otherwise. It would have given any ruler a right to send any citizen outside and set a precedent.

Secondly, the decision had nothing to do with politics. It was just upholding of the constitution. We should be proud of ourselves that finally had judiciary shown some spine.

Thirdly, the unintentional consequences that Musharraf did not foresee when he allowed numerous TV channels i.e., independent media and independent judiciary will ensure that the future leaders don’t take the citizens for a ride.

Fourthly, what is required most is that if such a situation arises in the future where any ruler tries to gag the media, judiciary etc., rest of us should make ourselves heard by taking out a movement similar to lawyers and not sit in our drawing rooms adding our posts to the blogs only. We keep sitting in our dens and hope that things change for themselves.

I, for one, had given up on the politics of the country. But now I am optimistic. People are becoming aware of their rights. There is energy running through society. I am excited about the future.

Viqar Minai says:

August 24th, 2007 1:37 am

BB, Nawaz, Altaf, Mush, CJP … all are irrelevant. The only objective measure of being on the road to redemption (finally) will be the growth of independent institutions, and durable egalitarianism and rule of law and justice for all, not just for my favorites.

The reason many are not dancing in the streets is that it is all a bit too premature. The SC has yet to demonstrate that it can continue to hold on to its independence and to the widespread expectation of committment to justice. At present there is simply not enough on the table to conclusively prove that the CJP is not simply doing all this to spite Musharraf.

All this is not to dispute that the only sleaze that matters is that of Altaf Hussain, and the only citizens of Pakistan with inalienable rights are the Sharifs. It is obvious that many of us would not mind if Pakistan goes back to the dogs, as long as the SC can take appropriate suo moto notice and nail Pir Sahib Londonwala. That would be the crowning achievement for eternity for this nation (or a major part of it anyway); then we can all go home.

Pakistan ?abad!!!

Qudsia says:

August 24th, 2007 1:38 am

As mentioned in post the real important thing is the institiution. It does not matter if NS is good or bad, but the question is whether stopping him from returning was legal. That is all that SC had to decide. I hope they will set more tradition of independence both for and against govt but always fair

Viqar Minai says:

August 24th, 2007 1:38 am

Babar says:

August 24th, 2007 2:52 am

Nawaz Sharif’s attempt to completely abolish the constitution altogether in favour of his “shahi farmans”, at the same time abolishing authority of any court in Pakistan. Pay special attention to underlined text while the clause 2(5) is a masterpeice.

It was passed with two third majority in national assembly while in senate Nawaz did not have two third majority but he threatened the senators in every possible way using his ally mullahs samiul haq , abdus satar niazi, sajid mir and others who issued fatwas declaring the senators out of pale of islam and calling for their death. Nawaz Sharif himsef went around the country comaigning against the senators. He was just waiting for the usual rounds of senate elections to give him enough votes in the senate, or at least in a joint session.( the votes were ofcourse gauranteed because of his another landmark 14th amandement). So this was no political bull , but a real deal to enforce religious fascism and gain absolute power.

Following is the text of the Fifteenth Amendment presented in Parliament on Friday, August 28, 1998.

CONSTITUTION (FIFTEENTH AMENDMENT) BILL, 1998

——————————————————————————–
A Bill further to amend the Constitution of the Islamic Republic of Pakistan:
WHEREAS sovereignty over the entire universe belongs to Almighty Allah alone and the authority which He has delegated to the State of Pakistan through its people for being exercised through their chosen representatives within the limits prescribed by Him is a sacred trust;
AND WHEREAS the Objectives Resolution has been made a substantive part of the Constitution;

AND WHEREAS Islam is the State religion of Pakistan and it is the obligation of the State to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam as set out in the Holy Quran and Sunnah;

AND WHEREAS Islam enjoins the establishment of a social order based on Islamic values, of prescribing what is right and forbidding what is wrong (amr bil ma’roof wa nahi anil munkar);

AND WHEREAS in order to achieve the aforesaid objective and goal, it is expedient further to amend the Constitution of the Islamic Republic of Pakistan;

NOW, THEREFORE, it is hereby enacted as follows:-

1.
Short title and commencement
(1)
This Act may be called the Constitution (Fifteenth Amendment) Act, 1998.
(2)
It shall come into force at once.

2.
Addition of new Article 2B in the Constitution
In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the said Constitution, after Article 2A, the following new Article shall be inserted, namely:-
“2B.
Supremacy of the Quran and Sunnah
(1)
The Holy Quran and Sunnah of the Holy Prophet (peace be upon him) shall be the supreme law of Pakistan.
Explanation:- In the application of this clause to the personal law of any Muslim sect, the expression “Quran and Sunnah” shall mean the Quran and Sunnah as interpreted by that sect.
(2)
The Federal Government shall be under an obligation to take steps to enforce the Shariah, to establish salat, to administer zakat, to promote amr bil ma’roof and nahi anil munkar (to prescribe what is right and to forbid what is wrong), to eradicate corruption at all levels and to provide substantial socio-economic justice, in accordance with the principles of Islam, as laid down in the Holy Quran and Sunnah.
(3)
The Federal Government may issue directives for the implementation of the provisions set out in clauses (1) and (2) and may take the necessary action against any state functionary for non-compliance of the said directives.
(4)
Nothing contained in this Article shall affect the personal law, religious freedom, traditions or customs of non-Muslims and their status as citizens.
(5)
The provisions of this Article shall have effect notwithstanding anything contained in the Constitution, any law or judgement of any Court”.

3.
Amendment of Article 239 of the Constitution:-
In the Constitution, in Article 239, after clause (3) the following new clauses shall be inserted, namely:-

“(3A)
Notwithstanding anything contained in clauses (1) to (3), a Bill to amend the Constitution providing for the removal of any impediment in the enforcement of any matter relating to Shariah and the implementation of the Injunctions of Islam may originate in either House and shall, if it is passed by a majority of the members voting in the House in which it originated, be transmitted to the other House; and if the Bill is passed without amendment by the majority of the members voting in the other House also, it shall be presented to the President for assent.
(3B)
If a Bill transmitted to a House under clause (3A) is rejected or is not passed within ninety days of its receipt or is passed with amendment it shall be considered in a joint sitting.
(3C)
If the Bill is passed by a majority of the members voting in the joint sitting, with or without amendment, it shall be presented to the President for assent.
(3D)
The President shall assent to the Bill presented to him under clause (3A) or clause (3C) within seven days of the presentation of the Bill”.

Khan Sahab says:

August 24th, 2007 2:54 am

If the Rule of Law wins out, then I’m all for it. Ideally, the brothers Sharif return, lady Bhutto returns, and they all see their day in a free and impartial court that is capable of delivering justice. I am yet another reader who questions whether other alternatives to the usual suspects exist, and if so, who the hell are they. Imran Khan is one name I’m excited about, his biggest virtue being his independent wealth which one hopes gives him some immunity from the vices of greed and corruption so rampant in the country. Politics in Pakistan being what they are, his chances are unfortunately slim. I’m also still withholding judgement on Pres. Musharaf, if his actions towards the Supreme Court are any indication, he has a smart head on him and in comparison to other military dictator types, he’s been pretty good for the country.

Adonis says:

August 24th, 2007 3:03 am

The courts are the upholder of the constitution and they have decided accordingly. The constitution says that no Pakistani citizen can be denied entry in the country and this is a fundamental right. The attorney general argued that sharifs had agreed to remain out of the country and had thus waived this fundamental right. This argument would mean that if a robber holds you on gun point and you give him your money asking him to spare your life, then you lose any claim on that money.

Of course it was twisted logic and the court very rightly observed that fundamental rights cannot be waived.

There are differing views about how good or bad nawaz sharif is for Pakistan. But whatever one’s personal view is, ultimately it is the people of Pakistan who’ll judge him in elections.

Babar says:

August 24th, 2007 3:07 am

The three acounts which the Sharif is nowadays sheding tears about that is free judicary, free press and constituion were all screwed by him to the unprecedented extent. He attacked the Supreme court, picked up and tortured editors of national level newspapers ( not your ordinary journalists like musharaf has occasionaly done) and tried to abolish the constitution altogether by his 15th amendment. Oh the hilarity of his statements nowadays. But people have a short memory :)

PatExpat says:

August 24th, 2007 3:15 am

True NS in his days tried to gag media and push around judiciary. But I believe we have come a long way since then. Even if NS is brought to power through free and fair vote, I believe he will find that he is not ruling as docile a Pakistan that he, BB or Musharraf expect.

Adonis says:

August 24th, 2007 3:32 am

People of Pakistan do not have short memory. In fact they are capable of seeing things in their true perspective. With an independent judiciary and vibrant media, it will be difficult for anybody to be an autocrat.

The best way forward is to let the people decide.

Babar says:

August 24th, 2007 3:53 am

@ Adonis, I agree fully that courts decision is absolutely right as fundamental rights can be claimed at any time even if you have given them up. And ultimately it has to be ballot to decide the political matters. But I would diagree with your comparison. In this case NS himself got something in return so you cant say that he was robbed forcefuly of his rights. But still that agreement had no constitutional basis, so his rights are intact.

@Babar, agree with you completely, we somehow do not see hypocracy as a vice, not only do we have short memory, its selective memory aswell.

Jamal Mohammad Siddiqui says:

August 24th, 2007 4:21 am

Dear brothrs and sisters the recent case of CJ was fought by M/s. Etezaz Ahsan, Hamid Khan and Munir A. Malik while Musharraf’s case was defended by Malik Qayyum and S. Peerzada.

It is known through the news papers that heavy fee and expenses incurred? So my question is that logically all the expenses should be borne by Mr. Musharraf and his incompetant adviser and not the money of citizen of Pakistan. same as Bill Clinton the head of state of a super power paid his monica case bill by his pocket for which he was heavily indebted.

So the same way people money should not be spent and should be recovered from them incompetant advisor upon whose advieses he Musharraf took the action.

Also to be noted that so far this earth did not produced such an extra ordinary justice ruller and a brave commander the 2nd Caliph Omar may allah be pleased with him, some cloth pieces were distributed and he got one and it was not enough to make a shrit (Thob) so on an occassion people saw him wearing the Thob of same cloth and they objected so the son clarified that yes it is correct one piece of cloth is not enough for a thob but i have given my cloth of piece to my father so he can make his shirt and then the people were satified.

So I request to my brothers and sisters to follow this and raise the voice against all such things and please ask the clarification and I am not a lawyer and dont know much about the law but if my question is appropriate then i wish to join hand together and file case against this?????????

Adonis says:

August 24th, 2007 6:01 am

@ Babar,

I think my comparison holds true because if a robber asks you “your money or your life” and you give your money, then you also get to save your life. Certainly you cannot be accused of gaining something here.

Adonis says:

August 24th, 2007 7:00 am

”
Owais Mughal says:

noting the cities and areas where celebration is being made today and where it is not shows a divided nation.”

I watched news of celebrations on ARY news last night and saw pictures of celebrations in express newspaper. The cities in which these celebrations happened, according to these sources, included Islamabad, Rawalpindi, Sargodha, Lahore, Multan, Sukkur, Nawabshah, Khairpur, Sanghar, Karachi, Quetta, Abbotabad and Peshawar.

WHAT DIVIDE ARE YOU TALKING ABOUT???

faraz says:

August 24th, 2007 8:03 am

If we have a independent juditionary then it may change many things in fututre but only time will tell.

There are many cases in judionary like “attack of sharif brothers” on SC which are pending. SC is working on high profile anti government cases first.

These judges have been grown up and have came from our society. What make any of us think they will be truly independent?

Aqil Sajjad says:

August 24th, 2007 8:24 am

It is interesting to see remarks recalling the corruption of NS and his attack on the judiciary. However, today, the media and judiciary are independent and the people are much more aware then they used to be in the 1990s. It will not be so easy for NS or BB to loot like they did in the 1990s.

It will also be difficult for NS to attack the courts again, after the healthy precedent set by the lawyers movement. If even a military government has been badly shaken for arbitrarily removing a CJ, political govts will find it even harder to get away with such a misadventure in the future.

However, the return of the Sharifs and BB is still a failure in the sense that it shows how much our political system is dominated by personalities instead of institutions. But then, before posting angry messages on their return, we should ask how much we have invested in trying to build institutions? Counting on Musharraf to keep BB and NS out was hardly a sustainable solution. They were bound to come back sooner or later unless political parties were developed into proper institutions that did not depend on a few personalities. So what did Mush do to develop political parties? Apart from cobbling alliances of PML-Q and PPP-patriot lotas that is?

If we want better leaders to emerge, we need to raise our voices for reforms in the system so that new alternatives have a chance of emerging. Things like devolving power to the grass roots level (to which we have remained indifferent), intra-party democracy and other measures for taking independent electronic media to the whole country (local radio stations etc) are a few things that come to mind.

i still think that bringing him back into the country is a big mistake …

king_faisal says:

August 24th, 2007 9:35 am

its actually a lie spread by partisan websites like these that courts were not free in the 1990′s. for example, supreme court ruled in favour of nawaz sharif when his first government was dismissed by gik. and when in her second term, benazir wanted to stuff the courts with her jiyalas, supreme court judges refused to go along which prompted benazir to openly ignore the judges directive. similarly, a sind high court judge took notice of illegal plot sale to zardari. the fate of that particular judge? he was murdered. and we all know the treatment meted out to chief justice under nawaz.

musharraf’s biggest failure has been that he has not acted as a dictator – something for which he had complete mandate from the awam. his lack of killer instinct is ultimately the cause of his headcahe today. if he had acted in the manner of zardari or ctbt, he would have been the king of his domain like zia was.

as for those predicting that media will ensure nothing will go wrong again in pak, i would advise them to not hold their breath. read the statement of opposition politicians in the 90′s. you will be surprised to see how committed these sounded then to good things like independence of media and judiciary. and we know what happened once they got to power.

tragedy of pak is that it takes one step forward and two steps back. now however with india sitting on reserves of US$215bn, uncle sam sitting in afghanistan and oil sitting at $70/barrel, next step back will be decent into the abyss. perhaps the supreme court can come to the rescuse than provided its not busy hauling people like abrar ul haq to court.

Viqar Minai says:

August 24th, 2007 10:30 am

There is really no option to “not bring back” NS, or anyone else for that matter. The decision of the SC is the constitutioanlly correct decision. If a durable free and just system has to evolve in Pakistan, it must evolve in the face of setbacks such as these.

There is no cause for undue dismay, nor for idiotic euphoria, over the return of NS and BB. If anything, it indicates how the political parties in Pakistan have not evolved one iota since 1999.

The challenge is not only in establishing whether, or not, the SC and the civil society will continue to stand up for transparency in politics and for continued evolution and maturity of free media in Pakistan; it also remains to be seen whether the same old hags will now adapt and learn to function without resorting to the instincts of abuse of power and corruption which permeate every single drop of their blood.

There is acute need for the political parties themselves to become internally more democratic. We must have faces other than BB and NS in the top spots in their respective parties. People like Aitezaz Ahsan and Javed Hashmi would be a welcome change.

“Dear brothrs and sisters the recent case of CJ was fought by M/s. Etezaz Ahsan, Hamid Khan and Munir A. Malik while Musharraf

observer says:

August 24th, 2007 4:13 pm

I agree with Independent Citizen and PatExpat. I would not vote for NS but the Supreme Court decision is absolutely correct. BTW, just because the SC said he has an inalienable right to come back to his country does not mean it cannot reach a conclusion that is detrimental to NS in a corruption case for example, nor does it guarantee his election as PM…so I don’t think we need to be so reactionary as some of the posts reflect.
The most ironic thing I read recently was PM Shaukat Aziz telling the NY Times that the people of Pakistan should be allowed to decide who wins and that a deal should not be the way forward–I agree a deal is the wrong approach–but coming from Mr. Aziz it sounds absurd!

Aqil Sajjad says:

August 24th, 2007 7:55 pm

Looks like the government is sending out louder messages that it will impose an emergency or martial law if Musharraf’s reelection is blocked. It’s time for opposition leaders to announce that if the govt resorts to martial law or any other such measure, Mush and those who support him in the act will be held personally responsible and tried for treason (subverting the constitution). It is important to send such a clear message to the sitting Generals that if they participate in the martial law, they will have to face a trial one day. Bygones can be forgotten, but from now on, no martial law without at least a life sentence for all the corps commanders.

Viqar Minai says:

August 24th, 2007 8:04 pm

@Aqil

I agree. Martial law is no solution. The perptrators should be executed by the firing squad. Nothing will put an end to this nonsense unless something very drastic is done.

BTW, does the constitution have anything to say about the imposition of Martial Law?

Viqar,
Imposition of martial law is subversion of the constitution (article 6) and a violation of the oath (taken by army officers) which is written in the constitution of Pakistan, article 244:

Article 6. High treason.
(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.
(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.

Article 244 – Oath of Office taken by Members Of The Armed Forces:
“I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law.”

Aqil,
My personal opinion is that the threats of martial law were hollow. You need to understand the psyche of generals who usurp power. They are bullies and cowards who will suppress a population that will not stand up to them. Since march 9th Pakistani civil society has come to life, they will not be bullied any more. The generals and the intelligence agencies can see the writing on the wall.

dawa-i-dil says:

August 25th, 2007 3:07 am

SC gave an excellent decison…

NS is not angel..but far far better han the angels of Swiss banks…

Babar says:

August 25th, 2007 4:22 am

@Adonis
What if you get to take your money , your life and also a palace :) Infact Nawaz himslef said in his very first interview that this deal was a “Rahmat” and if I could get out of jail because of the blessings of Saudi friends then why not.

Babar says:

August 25th, 2007 4:39 am

@ King_Faisal I very well know that courts and urdu media have always been active in favor of NS and in opposition of PPP. Thanks for reminding this to others too. Also courts and media were relatively free during PPP era. BB may be corrupt in money matters, but Nawaz belonged to a totaly different league. Ofcourse it has to do with the forces he represents. Sometimes I just wonder at the political intelligence of our educated class who put Nawaz and PPP in the same bracket. They repreasent two totally different classes.
Just to be clear, I dont have any sympathies for BB, and actualy I am done with the concept of big leaders anyway. But PPP is a genuine political party and the only progressive force which is at the same time is reasonably popular. It may not suit you and me , but for the working class it still is an ally with some kind of power and a helping hand in organizing them for their own rights. Get some sense of the political realities . A progressive in US may hate democrates for certain reasons but is forced to ally with them in election.
How I wish the so called educated class of Pakistan also had some political sense like its poor have. But may be it does not suit them to have it. :)

Babar says:

August 25th, 2007 5:08 am

@Shez You are right bro/sis. Thats why , though being strictly agaisnt 62/63 and judging people by their sexual adventures, am all for a reference against Imran Khan. How dare he boycott the vote for the ammendment to Hadood ordinace? He wants to keep poor women in jails in the name of chastity and for himslef he calls it a personal matter? It puts me off when I dont see even a single person in Pakistani media asking him this question. It seems as long as the maulvis dont call you a zani, it doesnt matter.

Shafique says:

August 25th, 2007 6:59 am

Rascals out

PatExpat says:

August 25th, 2007 7:27 am

Babar,

If you really want democrats, the I don’t believe even PPP comes close. With the current deal with Musharraf they have already distanced a lot of their sympathisers calling themselves and progressives and pro-democracy and then making a deal with Musharraf through the backdoor.

If you really want to vote for democrats, vote for Jamat-e-Islami because ironically they are the only ones who have a democratic setup within as well as a decision making structure. Also PML(Functional) also recently re-elected Pir Pagara unanimously as President of the party for another term.

All these progressives PPP, MQM, ANP, PML(A,B,C to X,Y,Z) etc are all personal parties.

We have a long way to go but we are getting there.

Syed Hafeez Imran says:

August 25th, 2007 8:19 am

I would like to raise a few points

Everyone is loudly proclaiming the “newly found” integrity and independe and power of the judiciary. IF this is so, more power to them. However we saw during the campaign for the restoration of the CJ,, that his lordship had allowed himself to be hijacked and used as a tool of the politicians and tyhose with vested intersts. Did this not seriously compromise his integrity and imaprtiality.

Secondly, tere are so many issues of strategic and national impotance which need to be addressed by the judiciary. Are they doing the riight thing and attaching the proper priority. Are the traffic jams and the power cuts of THAt much national importance to be taken up Suop moto at the cost of neglecting other more important uissues – corruption, cronysism and sa host of others

Do the peole of Pakistan REALLY deserve de a democratic setup> They have such short memories and no real grasp of issues and platforms and a myopic view about talent, capabilities and itegrity. the casee in point is welcoming Mr. and touting Nawaz Sahrif as the next prime minsiter. Have they forgotten how he looted the treaury, was maneoauring to become teh total autocrat and attacking the institutions. he now crows about thejudiciary. Was it not him that had goaade his goons to attack the supreme court while a case against him was bein heard by the august body> His lordship, the then CAJ had to make an umdignified escape to save himself

And then the shameful episode of the COAS plane, exposing more than 250 people (majority of them school children)

About the timing od return of the Sharifs (in name only)/ WHY did tyheuy not initiate this process earlier if they tgiought it was their right. Is it not that it is selction tim,e and they want to have the opportunity to again try and grab power.

Just listyen to his speeches and press conference. He cannot speak for 3 minutes coherently and without repeating himself and has an attention span of an intelelctually cdhallenged primate os 3 year child – and we want HIM as our leader

It is so true that a nation gets the leader that it deserves,

The ONLY ray of light we have is Allahs mercy and His providence

PatExpat says:

August 25th, 2007 8:45 am

Syed Hafeez,

One step at a time…. Judiciary can’t look into all matters at once.

At least NS was long time ago. Do you forget how Shaukat Aziz tried to sell Pakistan Steel at throw away prices and almost got away with it. He and his colleagues made billions in HBL fiasco at Karachi Stock Exchange earlier this month. I didn’t see anyone raising eye brows. PNSC which in its history never caught fire has caught fire twice this year first one destroying all the important records and second one because Babar Khan Ghauri (the new Mr. 10 percent) wants to develop a high rise in its place after tearing it down. Now Shaukat Aziz is trying to sell Roosevelt Hotel in New York at a time when real estate prices are their peak through Citibank (incidentally his former employer) in a process which is totally non-transparent and againt the wishes of PIAIL board.

Should the court take suo moto action against any of the aforementioned cases, would they seem to you ‘against corruption, cronyism’ (what the nation needs as you mentioned) or would you see them as ‘politically motivated’ through your tinted glasses.

If you have such misgivings against NS, let him come to Pakistan and file a case against him in courts and let it take its natural course.

Syed Hafeez Imran says:

August 25th, 2007 9:49 am

MY COMMENTS WERE PURELY IN CONTEXT OF THE ARTICLE – ABOUT THE SUPREME COURTS JUDGEMENT
IN THE SAHRIF BROTHER’S (USING THAT TERM VERY LOOSELY) CASE

I did not in any case imply that all other politicians are white as snow and angels.

We also have the OTHER option of the Sussex lady, which is in most ways even worse.

That supports my question of “Are we ready for and deserve democracy”. When the masses have no inkling of the issues, the parties have no accountability and democracy in their own ranks, when how one votes is IMPOSED by the ujagirdar, chowdry or Malik. Why dont they serve the people even when they are not in power. There are umpteen ways they can do that, build schools, provide clean drinking water, open hospitals and treat the sick. It is already being done by some Pakistanis on a personal and private basis. Why claim that they will fix all problems and make Pakistan a land opf milk and honey but ONL when they come to pwer. Yes, they will do that, for themselves!

Why is it that they have to be the lords and masters and treat the country as their private estate and the leadership as a hereditary right. WHY can there be not someonme else from their party to be a canduiidate for the top slot (I will tell you why, because they want power and the means to amass wealth and control).

@ patexpat I was talking about the so called democratic party of USA . Incidently democracy itself is not an issue in US. And I know JI inside and out . I would personaly rather go and join mazdoor kisan party, but as it is they have remotest hope of power. But dont bother, you wouldnt get what I am advocating here. BTW NS is quite benevolant in his personal alms giving to poor school building etc. So I think he is the right choice for us.

PatExpat says:

August 25th, 2007 2:48 pm

@Babar

Not to make this a personal issue but I used to consider myself reasonably educated if not highly. If I , again with a reasonably open mind, can’t get what you are trying to say, how do you expect to explain it to the majority of the population. Or you don’t think it matters what they think since they are illiterate or semi-literate.

I am not advocating you voting for JI, god forbid. But at least it has a democratic culture within it which you find lacking in other progressive parties.

Babar says:

August 25th, 2007 6:33 pm

@patexpat In no way I meant to cast any reflections on your education. And I do not think people need high education for awareness of politics. Infact I beleive “jis tan lage , woh bas jane”and thats what I meant when I said you wouldnt understand, and that is why I dont need to convey it to the majority of population. They know better. Its a different thing to wish for prosperity of ones country and a different thing to struggle for smallest things in life. First one applies to almost all of us here, second one does not to most of us.

Anyways, I seriously beg your pardon for any personal offense on my part.

PatExpat says:

August 26th, 2007 2:50 am

none taken

FAISAL BASHIR says:

August 26th, 2007 4:31 am

Well..this comment is for all those who are saying that all politicians are corrupt…blah blah….I AGREE they are but I am sure the worst politicians( Bibi, Fazl-ur Rehman) are better than an army General. Whetever any politician does , he/she has to pay for (in part of) or fully or even sometimes more. The history of pakistan tells us that everypolitician paid something(Was either jailed, exiled or hanged). Can any of the ANTI DEMOCRATS tell me any incidence where a general was called to a court or penalised for his blunders/misdeeds. Here in Pakistan a person who was charged(Yahya in Humood ur Rehman Report) was buried with full honors. They are considered above the law (they are beyond the jurisdiction of NAB). I want politicians because they are like me…they CAN be punished if they go wrong -they are answerable somehow or the other.

Ahmad R. Shahid says:

August 26th, 2007 10:37 am

What I read now on this forum is the same old “hate politicians” jargon, which had run its course over the last 60 years and I don’t think would be able to test the tests of time in the next 60.

When people talk of “corruption” by BB and NS they totally forget about the real corruption of the military, which has infact the dubious distinction of institutionalizing corruption, thanks to DHAs, Okara Military Farm and its likes, Fauji Foundation, Shaheen Foundation, AWT, Bahria Foundation and what not. If this is not corruption then what is? They are beyond any accountability for all their corruption. Which Army in the world runs bakeries and develops real estate for the officer cadre while denying it to the ordinary citizens to live respectable lives. Perhaps the Burmese Army but do we want to be like them?

Nawaz Sharif should return at the earliest to hasten the fall of the bunch of the IDIOTS what we call the Army.

DB9 says:

August 26th, 2007 2:22 pm

It is now pretty obvious that CJP has personal issues with Mush and talking decisions based on that. Who is keep eye on the Supreme court?

Plus why didnt CJP showed up on flag raising on 14th August? Is his ego above Pakistan? They r acting like they r in High School…

Aqil Sajjad says:

August 26th, 2007 3:12 pm

What’s clear from some of the messages showing a severe heart burn over the court’s decision to let NS come back is that some of us would like the courts to rule against NS on every case regardless of its merits.

The issue in this particular petition was simple. Can a citizen, under the law, be prevented from entering Pakistan? If not, should the courts have ruled differently?

As for the corruption of NS, those cases should be brought to the courts. If there is evidence, and the judges still rule in his favour, then we can criticize them as much as we want.

The same goes for BB. Her corruption cases should be taken up in courts and the ruling should be accepted by everyone, including her own jialas (in the event of a conviction).

There is no need for any special concessions or dis-favours for anyone.

Aqil Sajjad says:

August 26th, 2007 3:18 pm

Also, NS should return now that the courts are independent enough to rule against the government. If he has not commited any corruption, he should be willing to face the cases. The excuse that the courts are not free is no longer valid and if BB and NS still need to negotiate some kind of deal with Mush to get corruption cases dropped, then it means there must be some truth to those cases.

KAWA1 says:

August 26th, 2007 5:36 pm

DO YOU SEE ANY LOGIC TO THIS MADNESS? THE ENTIRE NATION MINUS A FEW WANT HIM OUT. HOWEVER THE SELF PROCLAIMED SAVIOR INSISTS OTHERWISE… “LIKE EVERY DICTATOR, HE WILL BE THE LAST MAN TO GET THE REALITY THAT IS ABOUT TO HIT HIM!!”

I dislike all of them, BB, NS and the Big General. CJP may, or may not , be biased against the govt for personal reasons. However, strictly on merit, I still think that SC has made the right decision. C ourts, or govt, should not have the power to keep out the citizens of Pakistan. If someone wants to stay out of their own choice, that is their personal decision.

It is an equally outrageous demand by those charged with corruption that cases against them be withdrawn. If they feel the cases are politically motivated and fake, then it is up to the a courts to decide based on evidence (or lack of it).

By all means, the military must be made accountable as well. Why don’t the politicl parties work with eac other to move the court on this issue, and to affect any constitutional amendments, if necessary? Since they want to lead the country, let them lead on such issues which are important to the ordinary citizen.

The truth is that they are all opportunistic, and their claims to to the leadership of the people of Pakistan are nothing but hollow and hypocritical.

KAWA1 says:

August 27th, 2007 12:06 am

Let the People of Pakistan decide which leader they choose through the ballot…. Let them decide who they feel have looted the country and needs to be booted out…

Let’s not leave it to the whim on an “individual” who has the greatest stake in that decision for his own survival. The entire nation on one side demanding all leaders to return being blocked by a General who insists that the only way he’ll agree to that is if “they” – the two national leaders agree to accept HIM as the President for next 5 years!!

If the General feels that he’ll get away with this, it is wishful thinking of a dying man.. If he forces his way through extra constitutional methods, he will dig his own grave! and he knows that very well. That is why the stampede of his cronies to London to beg BB and Nawaz for some sort of a deal…

Don’t pay too much attention to bloggers views. Just look at the ground realities as they are evolving on a daily basis.

Ahmad R. Shahid says:

August 27th, 2007 5:10 am

Now the diminishing genre, known as the Musharraf supporters, have started calling the SC’s decisions “biased”. They didn’t find these decisions any biased when they were for Mush and not against him.

When the SC gives a verdict its not the CJP’s individual decision but the decision of more than one judges of the Supreme Court.

Also Mush supporters must realize that his government is illegal and unconstitutional and cannot stand any ground in any independent court. So if the SC has now discovered the constitution it goes to the SC’s credit and not against them. That is how Pakistan should be governed and not some arrogant General who has no regard for the law, the constitution or the people.

PatExpat says:

August 27th, 2007 6:40 am

The latest on the grapevine is Mush & Co. is thinking of removing the power of taking suo moto action from Judges of Supreme Court.

Aqil Sajjad says:

August 27th, 2007 9:11 am

PatExpat:
I think the government is sending out all these threats through the media, but it is in no position to get a two-thirds majority to make the amendments to strip the courts of their powers or to reduce the tenure of judges. In any case, any such moves are probably going to be challanged in the courts and bring the lawyers out in protest again.

Mush has only two options. Either he can agree to give up both offices himself and get a safe exit, or he can try to fight the civil society openly and get kicked out. A high treason case will most probably await him in the latter case, so if he has any sense (which seems doubtful) he would be thinking about quitting.

Ahmad R. Shahid says:

August 27th, 2007 12:57 pm

Musharraf would never leave voluntarily. He has to be kicked out else we might have Mugabe amongst us. SC is the only saving grace for the nation.

mian ali akbar says:

August 27th, 2007 12:59 pm

nawaz sharif is a good andhonest man and i think that all the cases on nawaz by government are trueless and dirty.these cases are of the govt but they search a man who for these cases which is not in the country.musharef have to go now and the deal is now dead so be happy all the PML Ns workers that our tiger is now comming soon….nawaz sharif we all are with you

First it was Imran Khan now Asma Jahangir.. Is it time for MQM to mend it’s ways? If anyone made Musharraf’s position weak, it was MQM’s mayhem in Karachi on May 12th!
—————————————————————————
KARACHI: MQM slams Asma Jahangir

An animation
This short animation film made in 2004 has been awaiting public screening for a long time.
Now that the Supreme Court of Pakistan has nullified the “agreement” between Nawaz Sharif and the present military government, thus giving Nawaz Sharif the chance to go back to Pakistan, I believe this film would really turn stale if it does not reach you right away. So, here it is.

Barrister Ahsan is right. BB is an astute politician. The way she has brought this Tin Commando to his knees is amazing…

The so called deal is actually;

* Get out of the uniform.
* Revoke Presidential Powers to dissolve assembly..
* Get rid of the amendment about 3 times PM..
* Get rid of the current election commission..
* Declare publicly that you support PPP
* Get rid of the all cases against all politicians..

Mush will have to put himself at the mercy of new parliament to get elected…

We are truly heading towards exciting times. May it be Nawaz or BB, both are national leaders and both should be welcomed by all Pakistanis. We have had enough of turncoats or militant terrorist parties ruling our country under the shadow of a coward whose only macho strength has been at killing innocent Pakistani citizens.

auk says:

August 29th, 2007 10:56 am

When all else has failed, Mush is asking Nawaz to abide by the agreement not to return to Pakistan. He who has broken one promise after another to the Nation expects NS to not do the same; how ironic.
It is also clear now that Mush won’t change; the deal is now hinging on Mush asking BB to support amendments to the constitution to keep him in Uniform and do away with the 2 year condition for a govt servant to run for election. Yes, he would comply with the constitution – if the constitution does not agree with him, he would merely change it to comply with his wishes. I think this will be out of the hands of the courts if the “lame duck” parliament passes these amendments by 2/3rd majority. Does he have the 2/3rd vote if PPP votes for him?

KAWA1 says:

August 29th, 2007 4:13 pm

It’ll be hilarious if the opposition files the papers for Chief Justice of Supreme Court for nominations for the Presidential race! If amendment to constitution is made with the support of PPP then CJ should file papers as well. If COAS can keep dual offices, why not the CJ?

In a banana republic which Mush has converted Pakistan to…everything should be made possible… We as “awam” are having a hell of a time laughing. I still admire BB for putting a collar on a tinpot commando running wild…

Starting September 1st, you will hear Mush Bhai singing songs of BB and her leadership.. Pretty soon he’ll be at her mercy and beck and call.. Works for me, BB is a democrat and a politician with roots in all 4 Provinces of Pakistan.

For me anyone, may it be BB or Nawaz or Imran or Qazi Hussain or others are acceptable. As long as they come through the ballot box and don’t serve a military dictator. I do not care if they were corrupt, no matter how much because it is for the people of Pakistan to decide that through the power of their vote.
As for Altaf Bhai…sorry, I do not include him as a politician..yes a terrorist, mass murderer and anti-Pakistan, he is!

KAWA1 says:

August 29th, 2007 4:56 pm

auk
As per today’s news, Mush has accepted the fact the NS is coming back… However his cronies who visited Shareef’s in London requested NS to DELAY HIS RETURN AFTER PRESIDENTIAL ELECTION and nothing would be done to hamper his arrival… provided it is after Presidential elections???

Have you ever seen a General of Pak Army stoop so low to remain in power? not that I respect any general rank officer of Pak army but still this man is the limit….. Ha! Ha! it is so funny that I am actually enjoying his suffering now..

Mush should stop now, accept the leadership of BB and play his cards with her. as long as BB becomes the PM, people of Pakistan will still accept that provided the power rests with BB.

ali raza says:

August 29th, 2007 6:40 pm

i guess some individuals want to be the head of welcoming party of both NAWAZ and BB both NATIONAL DESPOTS, as far as claims of “INNOCENT” PAKISTANI citizens being killed by THE TIN COMMANDO go where was this outrage when thousands if not more were extra judicially ethnically cleansed by likes of NASEER-ULLAH BABAR in the largest METRO of PAKISTAN, why all this outrage for individuals who are willingly harboring un-savory elements who would slit the THROATS of innocent civilans on a drop of a dime, give me a BREAK, the so called pakistani “DEMOCRATIC” parties are nothing but family buisnesses no political ideology what so ever to speak of, i guess PPPP has a SOCIALIST agenda for their own ilk only, PAKISTANI SOCIETY is neither CIVILIZED or EDUCATED enough to hold DEMOCRACY as a GUIDING PRINCIPLE, MUSHARAF no matter how bad is eons time better than BB & SHARIF combined ,,,,,,,,,nuff said

Viqar Minai says:

August 29th, 2007 6:48 pm

“Does he have the 2/3rd vote if PPP votes for him?”.

Given the current political situation, I wouldn’t count on it.
With the deal with PPPP looking more and more imminent, there must be lots of disenchanted Q-Leagures. The stance of the Patriot PPP would also be a question mark. He may be in for a surprise.

It is less clear to me what happens if he goes, instead, for an under-the-table understanding with BB whereby, without concluding a formal agreement with PPPP – thus hoodwinking the Q-League – he gets himself re-elected by the present assemblies (in uniform). He only needs a simple majority for this which, arguably, he could still muster.

The day after his re-election, he announces publicly that he is stepping down as the COAS, say in Dec/07, nominates a successor, and also commits to seeking a fresh mandate for his Presidency from the new assemblies. Additionally, he announces across-the-board amnesty for all politicians and political workers and touts the need for national reconciliation.

In this Machiavellian scenario, the wild card is, then, the PPPP. Will they resign from the present parliament and move the courts, or will they try to further build on his announced concessions in return for their acquiesance for this arrangement? For sure BB will still demand that the clause with the two term restriction on political leaders to be PM must be repealed. He could agree to it, provided the PPPP MNAs simultaneously vote for waiving the two-year requirement for him to stay out of politics after stepping down from his military post.

If the PPPP agrees, then it could all be done still by the present assemblies and, yes, he will have the 2/3 votes to get all the amendments through. If the SC overrules him in this scenario, he will cry foul, claim that the court cannot ride roughshod over a 2/3 Parliamentary majority, and declare Martial Law.

To serve Pakistan’s interest, the politicians must reject such any arrangement before has has access to a 2/3 vote majority. But will they? With potential prime ministership and freedom from all legal cases hers for the taking BB, in particular, would have a lot to lose by not going along.

Who says politics in Pakistan can’t be fun …

auk says:

August 29th, 2007 7:44 pm

Ali Reza, Mush does not have a free hand to run the affairs of this country, no matter what his American friends wish. He had his time, and could have earned himself another 5 years if he had listened to the wishes of the people, instead of listening only to the Core Commanders, and his legal and constitutional aides. God does not like vanity, and this guy is vain, so much so that he refuses to listen to any reasonable person at all. Look at what happened to the couple of voices of dissent within the Q League (Ishaq Khakawani and Kabir Ali Wasti). I don’t know too many people who were against his takeover 8 years ago, but there is a limit to everything. As Kawa says, it is absolutely amazing to see the last scene of this play unraveling now. Mush is kicking and screaming, but he is not willing to let go. Most people with any dignity left in them would have left a while ago, but no, he does not know the meaning of the word. He is willing to turn the country upside down, as long as he can stay there. Yes, we Pakis want progress and prosperity, but not at the cost of our freedom. And freedom includes a choice to elect our leaders. It includes a chance to have a constitution and defend it.

The deal does not mean anything in itself (besides eroding PPP vote bank). What is quintessential is to secure a 2/3rds majority to pass an amendment removing the 2 year waiting limit (to allow Mush to contest the presidential election).

I am not so sure that Q league will vote en masse on this amendment. I won’t be surprised if Ch Shujaat also walks out on Mush for dealing with his arch-enemy BB.

My gut feeling is that Mush will not take off his uniform. A showdown between Mush and the civil society, headed by PMLN, lawyers is inevitable. Aitzaz Ahsan, I believe, thinks likewise. He stated in a recent interview that surviving september is going to be very tough for Musharraf.